Should You Be the First to File for Divorce?

 Posted on December 00, 0000 in Divorce

No matter what the situation may be, some people are better at making tough decisions than others. Certain individuals are able to quickly choose a course of action and begin proactively pursuing their goals. Other people, however, require more time to consider the implications of their decision, weighing their options carefully before making a choice. Of course, there are extremes in both groups, with some making rash decisions regardless of the consequences and others who overthink the situation while paralyzed into inaction. When the issue is something insignificant, like where to have dinner tonight, the ability to make a decision is not all that important, though an inability to do so may still be annoying. But what about the decision to file for divorce? Does it matter who makes the decision to file the petition first?

A Level Playing Field

From strictly a legal standpoint, there is little to be gained from getting to the courthouse ahead of your spouse. If you file first, you will be known as the petitioner throughout the proceedings, and your spouse will be the respondent. With your petition, you will be able to make certain claims and requests of the court, so there may seem to be some advantage to being the petitioner. However, the respondent will have the same opportunities to make claims and file motions, both in response to yours and of his or her own accord. As the process moves forward, both parties will have the chance to present evidence and contribute to the judge’s final decision.

Consider the Intangibles

While there may not be much advantage to filing first as far as the law is concerned, there are other elements to take into account. You may feel a greater sense of control over your future if you are the one who files the petition. With control often comes confidence, which could be key in getting the divorce settlement you deserve. It is not uncommon for the petitioner spouse to feel empowered, which in turn, may lead to increased satisfaction regarding the outcome of the proceedings.

Talk to Your Attorney

If you are considering a divorce, it is important to have as much information as possible before you take decisive action. Contact an experienced divorce lawyer in DuPage County to discuss your situation and to explore your available options. Call The Law Office of Matthew M. Williams, P.C., today at 630-409-8184 and get the assistance you need.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=0